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Old 03-31-2008, 07:29 PM
creditwrench creditwrench is offline
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Join Date: Mar 2008
Posts: 6
Default Attorneys who lie in court using false affidavits

What can be done about attorneys who perpetrate a fraud upon the court by presenting false affidavits? Affidavits in which the affiant who has no connection whatever to the alleged plaintiff swears before a notary public that s/he works for the plaintiff and has control over the business records of the plaintiff and has first hand knowledge of the account at bar but it can be proven beyond a shadow of a doubt that the affiant works for a debt collector and not for the plaintiff. Admittedly the attorney may or may not be aware of the fact that the affidavit is indeed totally false and fraudulent but isn't the attorney's obligation as an officer of the court to be as certain as possible through diligent investigation that the affiant does indeed work for the plaintiff and does indeed have first hand knowledge of the alleged facts to which s/he swears? Isn't the attorney liable for what he prepares and files with the court and what can be done if he fails to perform any such obligation he may have in that regard?

This is a grave problem in courts all across the land. Either the attorney presents absolutely no evidence or affidavits whatever or if one is used it can be counted on to be false and fraudulent. Surely there must be some remedy for this type of problem that a judge cannot deny motion to dismiss or vacate judgment in such cases.

Our courts are in a mess because nationwide plaintiffs are granted judgments in debt collection cases almost without exception even though they perpetrate such fraud upon the court and even though they have no evidence of the debt whatever.

Yes, I am aware that the attorney can be sued in federal court under FDCPA for providing false and misleading information to a consumer but our court system is so corrupt that most people are frightened to death to even go to court let alone actually stand up and present a viable defense.

They can't find attorneys to go to court and present even a modicum of a defense because they can't afford to hire attorneys. If they could afford an attorney they would have paid the debt in the first place and avoided the problem. They have little or nothing now and when the crooked lawyers get done with them they have a lot less.

So what are some possible answers to this problem?
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